BAY CITY, MI — Half of a teenage duo that broke into a Bay City medical marijuana grow room and tried making off with the crop is being given the opportunity to avoid incarceration and a felony conviction.

The act allows a judge to place a defendant between the ages of 17 and 21 in prison or on probation. If the defendant successfully complies with the terms of the sentence, they avoid having a felony conviction on their record.

The judge also gave McGeshick credit for 86 days already served and held another 250 days in abeyance. While on probation, McGeshick is not to have contact with his codefendant, Dalton P. Harris, also 17.

Both teens in September pleaded guilty to single counts of larceny in a building and second-degree home invasion. The former charge is a four-year felony, while the latter carries a maximum 20-year sentence.

“This was a pretty stupid thing that he did,” McGeshick’s attorney, Sally Warren, told the judge just prior to sentencing.

“‘Pretty stupid’ is an understatement,” Gill replied.

About 2 a.m. on Aug. 11, McGeshick and Harris broke into a home on Marsac Street in Bay City’s South End. The resident, David R. Mayse, told police he was watching TV downstairs when he heard noises coming from the floor above him, according to police reports contained in court records.

Mayse called the building’s owner, Steven L. Rufershafer, who responded to the scene and was standing in the house’s backyard when police arrived, court records show. Rufershafer, a licensed medical marijuana caregiver, told police he has a growing operation on the building’s second floor.

Rufershafer told police that when he arrived at the house, he walked upstairs with a gun in his hand and began checking the rooms. He pushed on one door and when the door pushed back, he deduced someone was inside, he said.

“I told them that I had a gun and I was going to put seven holes in the door if they tried anything,” Rufershafer told police. He said he heard a voice answer from the other side, asking to talk, court records show.

Rufershafer then went into his backyard and watched an open window that, until that night, had an air conditioner mounted in it, court records show.

Police entered the home’s upstairs grow room and took McGeshick and Harris into custody. They found a blue Nike bag near them containing marijuana, court records show.

At his plea hearing, McGeshick said he acted as Harris’ lookout and didn’t steal marijuana himself. He added that he and Harris agreed beforehand to break into the residence and make off with marijuana, though.

Gill is to sentence Harris at 8:30 a.m. on Monday, Dec. 2. The judge was to sentence Harris on Nov. 4, but adjourned the matter so Harris’ case could be consolidated with another file in which he’s charged with larceny in a building and two counts of breaking and entering with intent.